Cipher case: Special court allows Imran Khan to speak with sons on phone call

ISLAMABAD: The special court judge, Abual Hasnat Zulqarnain, Wednesday ordered the Adiala jail superintendent to permit Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan to have a phone conversation with his sons, despite his incarceration in the cipher case.

The one-page written order by the special court — established under the Official Secrets Act 2023 — was issued during the open court hearing of the PTI chief's plea seeking the court's permission for the aforementioned request.

On September 11, the former prime minister — whose government was sent home after a no-confidence motion in April last year — had filed a petition in a special court against Attock jail superintendent for allegedly denying him permission to speak to his sons over the phone.

At the time of filing the plea, Khan was in judicial custody at the Attock jail till September 13 in the cipher case since his arrest on August 5 after a trial convicted him in the Toshakhana case.

He was earlier granted permission by the special court, formed to hear cases registered under Official Secrets Act, to speak to his sons. However, the PTI chief in the petition sought contempt of court proceedings against the Attock jail superintendent for violating the court’s order.

Meanwhile, the Attock jail authorities, in their reply to the contempt of court petition, argued that jail rules do not allow the accused facing charges under the Official Secrets Act to speak over the phone.

The superintendent contended that the court order permitting Khan to contact his sons was not violated. "According to the Prisoners Act, 1978, prisoners are not allowed to make calls on foreign telephone numbers," he wrote.

The former premier is currently imprisoned at the Adiala jail in Rawalpindi.

'Khan's constitutional rights can't be overlooked'

According to the Adiala jail superintendent, the court said, the jail manual does not allow the accused to have a telephone conversation and communicate abroad.

"The concerns of the PTI chairman's family and his constitutional rights cannot be overlooked," the court maintained.

During the course of the hearing, as the court awaited submission of the Standard Operating Procedures (SOPs) regarding telephone conversations by the Adiala jail superintendent, an interesting exchange between the judge and Khan's counsel, Shiraz Ahmed Ranjha, took place.

The lawyer said Imran Khan be provided with a bicycle for exercise in jail.

Responding to the request, the judge jokingly said: "I have already told the jail authorities regarding the bicycle. I don't want the bicycle to be misused and driven by the jail superintendent instead."

"If the court allows, I will provide the bicycle today. If there are concerns, appoint a person to supervise the use of the bicycle," the lawyer said, requesting the judge.

Meanwhile, the judge insisted that the court has to look at the jail manual, as the security of an under-trial accused is crucial.

When the SOPs regarding telephone conversations were presented to the court, the judge said that the accused was not allowed to speak on a phone call, as per its content.

Khan's lawyer contended that the accused is not prohibited from having a telephone conversation with his family under the Official Secrets Act. "According to the Prisoner's Rules, a meeting with the wife and children is allowed for 12 hours in jail."

He also insisted that a telephone conversation is allowed for other accused. "All prisoners can make telephone calls on Saturday."

He also told the court to issue a show-cause notice to the Attock jail superintendent for making a wrong statement.

"Show me the written permission to speak abroad in the prison manual," the judge asked Ranjha.

"It is not allowed in the prison manual, but the Federal Shariat Court has issued a decision in this regard," the lawyer contested, submitting of the Federal Shariat Court's relevant verdict before the judge.

He then went on to authorise permission for the PTI chairman to speak to his sons over a phone call.